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Jus Cogens: International Law and Social Contract

Jus Cogens: International Law and Social Contract

作者： Thomas Weatherall
出版商： Cambridge University Press
ISBN: 9781107081765

出版时间 July 2015
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781107442092

￥1,246.44

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One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law.

To reconcile this modern iteration of individual-oriented public order norms with the traditionally State-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement.

The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a State-based legal order, and values common to the international community as a whole.
Introduction: peremptory norms of general international law (jus cogens)
1. The authority of jus cogens
2. Material and formal sources of jus cogens
3. Peremptory norms and the individual
4. Peremptory norms and the State
Conclusion: international law and social contract.

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